Federal magistrate: City illegally censored woman's public-access show

By The Associated Press

05.03.02

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PORTLAND, Maine — A federal magistrate has issued an opinion saying the city of Biddeford's practice of previewing tapes and requiring permission from anyone mentioned on the city's public-access cable station is a form of illegal censorship.

Magistrate Judge David Cohen's 20-page opinion supports Dorothy Lafortune's claim that the city violated her free-speech rights when it pulled a tape of a show because she did not have permission to use a person's name in the broadcast.

But Cohen rejected Lafortune's claim that the Biddeford City Council had acted as an illegal court and violated her rights of due process.

Cohen's opinion serves as a recommendation to a federal judge, but carries no authority within itself. A federal judge could make a final ruling before the end of summer.

Cohen's opinion follows months of legal and political wrangling in the courts and Biddeford City Hall over the free-speech and due-process rights of people producing programming on the city's public-access station.

City Solicitor Harry B. Center II described Cohen's opinion as favorable to the city because it vindicated the City Council's actions and denounced Lafortune's claims of foul play.

David Lourie, Lafortune's attorney, called the opinion "splitting the baby" and said he plans to object to the due-process portions of the opinion.

Lafortune sued the city late last year for allegedly violating her constitutional rights to free speech and due process when it banned her program, "The Maine Forum," from broadcast after a controversial July 4, 2001, show.

The hour-long program featured Lafortune's friend and former City Councilor Philip Castora accusing city officials, including Mayor Donna Dion, former Mayor James Grattelo and Center, of conspiring to take property from Lafortune's mother. An auctioneer was also named by Castora.

Lafortune owes the city thousands of dollars in back taxes, and the city foreclosed on her Graham Street home last month. The property is scheduled to be auctioned on May 22.

Originally, the mayor said she pulled the tape from the rebroadcast schedule because she thought Castora's allegations were libelous.

Later, she said the tape was pulled because Lafortune did not have permission from the auctioneer to use his name in the broadcast.

Previous

Maine town faces lawsuit for censoring cable-access show
MCLU threatens court action after Biddeford City Council upholds mayor’s decision to pull program from rebroadcast schedule.  09.07.01

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